The Telangana high court on Monday convicted four police officers, including an IPS officer, for their “overbearing attitude” in a dowry harassment case and awarded four weeks in jail to each of them, as reported by TOI.
Case:
Vinod Kumar Reddy (49) married Sumana Paruchuri in 2011. It was a second marriage for both of them. Owing to differences, Vinod and Sumana parted ways and started living separately since July 2014.
Vinod has a daughter from his first wife and he shifted to Bangkok to train her in badminton. His daughter is currently junior world No. 2 in badminton representing India. Vinod’s mother Soujanya Reddy also resides in Bangkok to be with her son and granddaughter.
Vinod was fighting a case against his wife to stop her from taking over his property in Bengaluru. The Jubilee Hills police inspector issued five letters to the sub-registrars in Bengaluru not to entertain any sale transaction on his properties.
In the meantime, Sumana filed a dowry harassment and domestic violence case against Vinod, his mother and his sister in 2019 (5-years after separation).
READ ORDER | Supreme Court Pulls Up Police For Arresting Accused Without Compliance of Section 41A CrPC As Per Arnesh Kumar Judgement
Section 498-A Case FIR
As per Arnesh Kumar Judgement (2014), it is mandatory for the police to serve notice under Section 41-A CrPC. Read full judgement here.
However, IPS officer is AR Srinivas, presently additional commissioner of police (crimes), Hyderabad, M Sudarshan, assistant commissioner of police (Banjara Hills), S Rajasekhar Reddy, Jubilee Hills circle inspector and sub-inspector Naresh did not serve any notice to Vinod and his mother.
Vinod’s (Supreme Court) Counsel Dil Jit argued that Srinivas, in his capacity as west zone DCP then, got a Look Our Circular (LOC) issued against Vinod and his mother, though he fully knew that they were in Bangkok. Dil Jit added,
In fact, my client had been pleading for a notice in the case.
Dil Jit alleged that the police officers connived with Sumana and misled the court by showing the mother-son duo as absconding. Dil Jit said,
All the while the WhatsApp messages they have sent to police displayed green ticks.
The Counsel then added how a second FIR was registered illegally against the mother and son, while he also brought to the notice of the court how the police tried to implicate Vinod in a false Arms Act case, despite the fact that he had deposited his licensed pistol with Jubilee Hills police station.
READ ORDER | Police Officials To Face Action If Arrest Procedure As Per ‘Arnesh Kumar Vs State Of Bihar’ Guidelines Violated: Telangana High Court
Telangana High Court
Justice G Radha Rani of the Telangana High Court came down heavily on the police for violating the norms prescribed by the Supreme Court while dealing with the marital dispute case and also for getting a lookout circular (LOC) issued against the husband, knowing fully well he was in Bangkok with his mother and child from an earlier marriage.
The High Court directed the Hyderabad commissioner of police to initiate departmental action against the four and imposed Rs 2,000 penalty on each of them for subjecting the victim to severe harassment.
At this juncture, the judge found fault with the police officials and sentenced them to four weeks in jail.
READ ORDER | Delhi HC Sentences Police Officer To One Day Imprisonment For Breaching ‘Arnesh Kumar’ Guidelines During Arrest
VFMI Take:
- We have repeatedly opined why Section 498-A needs to be decriminalised, unless there is absolute evidence of physical violence (subject to it being Gender Neutral)
- Currently, Section 498-A (Cruelty to Wife) empowers a woman to file criminal case against husband and every single member of his family (whether they lived together or not)
- Despite Supreme Court guidelines on serving notice to husband in such matters, the same is not being implemented at ground level at many locations
- Most men and their families are unaware of the law, and at times, they are even misguided or kept in dark by their own lawyers
- Criminalisation of matrimonial laws only encourages corruption and legal extortion, where most men and their families end up in paying bribes to various people in power
- At the end of it, matters are ‘settled’ when Husband agrees to pay agreed alimony to his estranged Wife, and all domestic violence, cruelty, etc. is forgotten
- Subsequently, both parties go to court to quash the 498-A FIR
Leave your comments on the tweet below:
Telangana HC Sentences IPS Officers To Four-Weeks Jail For Their "Overbearing Attitude" In Dowry Harassment (#498A) & #DomesticViolence Case
— Voice For Men India (@voiceformenind) June 7, 2022
▪️41A CrPC notice not served
▪️Officers were reading messages from husband, yet issued LOC against him,his motherhttps://t.co/wUFpgSs2wk
WATCH:
Interview | Husband’s Married Sister Charged Under Section 498A Shares Her Story
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